A Colorado district court issued a temporary injunction on 18 November blocking U.S. Citizenship and Immigration Services from enforcing steep fee increases for the EB-5 immigrant-investor program that took effect in April 2024. The ruling, in Moody v. Mayorkas, found USCIS violated both the Administrative Procedure Act and the EB-5 Reform and Integrity Act by implementing the hikes—up to 204 percent on Form I-526—without completing a mandated fee study.
Practically, investors can once again file at the pre-2024 fee levels while the case proceeds. USCIS completed a cost study in February 2025 and proposed more modest fees in October, but those are still under public comment until 22 December. A final rule is unlikely before early 2026.
![Federal Judge Halts 200 % EB-5 Fee Hikes, Restores Lower Investor Costs]()
Regional centers and project sponsors should reassess cash-flow models and escrow agreements that assumed higher filing costs. Mobility teams assisting executives under EB-5 pathways can revise budget estimates downward and may wish to accelerate filings before any new rule sets fees higher again.
The decision underscores the judiciary’s increasing scrutiny of immigration user-fee rulemakings—an area that also affects H-1B, L-1 and premium-processing surcharges. Employers should monitor for parallel challenges that could change cost assumptions mid-budget cycle.
Practically, investors can once again file at the pre-2024 fee levels while the case proceeds. USCIS completed a cost study in February 2025 and proposed more modest fees in October, but those are still under public comment until 22 December. A final rule is unlikely before early 2026.
Regional centers and project sponsors should reassess cash-flow models and escrow agreements that assumed higher filing costs. Mobility teams assisting executives under EB-5 pathways can revise budget estimates downward and may wish to accelerate filings before any new rule sets fees higher again.
The decision underscores the judiciary’s increasing scrutiny of immigration user-fee rulemakings—an area that also affects H-1B, L-1 and premium-processing surcharges. Employers should monitor for parallel challenges that could change cost assumptions mid-budget cycle.
